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Following is a question by the Hon Leung Yiu-chung and a written reply by the Secretary for Transport and Housing, Ms Eva Cheng, in the Legislative Council today (May 23):
Question:
I have received a complaint from a member of the public who pointed out that the authorities had not legally authorised the operator to work in the Tsing Ma Control Area ("the Control Area"), and questioned the legitimacy of the toll plaza on Ma Wan Road ("the toll plaza"). That member of the public indicated that the Transport Department ("TD") had advised that in 1997, the Commissioner for Transport ("C for T") had authorised the operator to take enforcement actions in the Control Area under the Tsing Ma Control Area Ordinance (Cap. 498) ("the Ordinance"), and TD had also provided that member of the public with copies of an authorisation letter and the department's internal file minutes, yet that member of the public was not satisfied that such documents could be recognised by the Court as formal legal documents and suspected that TD had not made legal authorisation in accordance with section 11 of the Ordinance. That member of the public also queried whether the toll plaza was a legitimate government building, and indicated that the Buildings Department ("BD") had advised that the toll plaza, which was situated at the government site within the Control Area, was one of the infrastructure facilities constructed by the relevant company upon the Government's request and it was a government building. Yet, that member of the public pointed out that the relevant government departments (including BD, Architectural Services Department, Lands Department and TD, etc.) had not been able to provide any concrete evidence in respect of his complaint to prove that the toll plaza was a government building. In this connection, will the Government inform this Council:
(a) of the legal basis for the authorities to authorise the operator to take enforcement actions in the Control Area, and provide this Council with authorisation documents that can be confirmed as legal documents;
(b) given that the toll plaza was only completed in 2002, of the legal justifications based on which the authorities extend the effect of the authorisation made by C for T in 1997 to 2002 or beyond; and
(c) of the evidence held by the authorities to prove that the toll plaza is a legitimate government building, and provide the relevant documents?
Reply:
President,
The Tsing Ma Control Area (TMCA) is an integrated expressway system linking the Lantau Island and Kowloon, and comprises the Lantau Link (including Tsing Ma Bridge and Kap Shui Mun Bridge), Ting Kau Bridge and Cheung Tsing Tunnel. It has been commissioned for public use since May 1997. The Government enacted the Tsing Ma Control Area Ordinance (Cap 498) (the Ordinance) to provide for the control and regulation of vehicular and pedestrian traffic within TMCA and for matters connected therewith. As with other Government tunnels and control areas, the Government has selected through open tender a suitable operator to undertake the management, operation and maintenance of the tunnel and control area (the TMCA Operator).
My reply to the various parts of the question is as follows:
(a) According to section 9 of the Ordinance, the Commissioner for Transport (C for T) may in writing delegate any public officer to exercise the powers and perform the duties conferred or imposed on C for T by the Ordinance. Section 11 of the Ordinance also empowers C for T and the public officer who has been delegated powers and duties by C for T in writing under section 9 to appoint in writing any public officer or any person employed by the selected operator to be an authorised officer for the purposes of the Ordinance. The authorised officer may exercise enforcement powers in TMCA in accordance with the Ordinance.
Before TMCA was opened to the public in May 1997, C for T had, in accordance with section 9 of the Ordinance, delegated in writing to the relevant public officer the powers and the duties of C for T under the Ordinance. In May 1997, the public officer so delegated by C for T under section 9 of the Ordinance had appointed in writing the employees of the TMCA Operator as authorised officers under section 11 of the Ordinance (copy of the appointment document is at Annex 1) to take enforcement actions in TMCA. The appointment would be updated from time to time as and when necessitated by changes in the employment of TMCA Operator's employees. All the relevant appointment documents are lawful authorisations issued in accordance with the Ordinance.
(b) In light of traffic management needs and commissioning of new roads and facilities, C for T in consultation with the Director of Lands may vary the boundaries of TMCA under section 6 of the Ordinance. Section 7 of the Ordinance provides that C for T shall deposit the plan delineating the revised boundaries in the Land Registry and publish a notice in the Gazette. To tie in with the commissioning of Ma Wan Road (i.e. the only road linking Ma Wan with the Lantau Link) and the Ma Wan Toll Plaza in December 2002, C for T revised the TMCA boundaries in December 2002 under section 6 of the Ordinance to incorporate Ma Wan Road and the Ma Wan Toll Plaza into TMCA, and published a notice in the Gazette on December 13, 2002 (copy of the relevant notice is at Annex 2) pursuant to section 7 of the Ordinance. The relevant plan is available for public inspection at the Land Registry's office.
(c) According to the information provided by the Development Bureau and the Lands Department, the Ma Wan Toll Plaza is situated within TMCA on land owned by the Government. The Toll Plaza is one of the infrastructure facilities built by Sun Hung Kai Properties Limited (SHKP) at the behest of the Government in accordance with the agreement between the Government and SHKP for the development of Ma Wan. It is controlled by the Government and used for the operation of TMCA.
Ends/Wednesday, May 23, 2012
Issued at HKT 12:30
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